Court : Karnataka
..... being voided by the karnataka appellate tribunal and the land being restored to its owner. the doctrine of frustration of contract is enacted inter alia in sec.56 of the indian contract act, 1872, which employs the word impossible . the super meaning impossibility in the performance of contract has to be construed in its practical and not literal ..... out of time. this appeal coming on for orders, this day, krishna s dixit j., delivered the following: judgment this intra-court appeal filed under section 4 of the karnataka high court act, 1961, seeks to call in question a learned single judge's order dated 17.02.2016, whereby respondent's w.p.no.2061/2016 (klr-res ..... and 16.05.2005 since its owner had bought - 4 - nc:2024. khc:17767-db wa no.1640 of 2016 the same in violation of prohibitory sections 79a & 79b of the karnataka land reforms act, 1961. these orders were put in challenge by the land owner in appeal nos. 633/2005 & 647/2005 before the karnataka appellate tribunal, bengaluru. .....
Tag this Judgment!Court : Supreme Court of India
..... prescribed terrorist organizations, passed an order on 16th september 2022, in exercise of the powers conferred under sub-section (5) of section 6 read with section 8 of the national investigation agency act, 2008 (hereinafter referred to as the nia act ), directing the national investigation agency to take up investigation of the said case. in view of the ..... produced against the respondents, there are reasonable grounds for believing that accusations against the respondents are prima facie true, as contemplated in the proviso to sub-section (5) of section 43d of uapa. it is quite well settled position of law that the chargesheet need not * contain detailed analysis of the evidence . it is ..... provided by the pfi through mohalla committees. the pw-c also revealed that the objective of pfi is to establish islamic rule in india through an islamic army. the protected witness-c also mentioned that a-4, a-8 later met protected witness-d to convince them about the mohalla 15 committees. further, .....
Tag this Judgment!Court : Supreme Court of India
..... time spent in the discovery of such suppressions should be deducted from the overall quantum of delay.18. in this regard, the appellants have cited section 17 of the limitation act, which provides that: the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or ..... 29 causes arising after the culmination of the limitation period, despite being sufficient in substance, would not suffice for condonation given this second prong of section 5 of the limitation act. however, the applicant shall not be required to prove each day s delay till the date of filing such appeal/application.3015. with these broad ..... have been taken. with respect to payment of compensation, it was held that the term paid means tendering of payment and the term deposit in section 24 of the 2013 act includes deposit both with the government treasury and the reference court. hence, land acquisition proceedings cannot be deemed to have lapsed if compensation was .....
Tag this Judgment!Court : Supreme Court of India
..... 365 thereof is that shailendra [3-judge]. (supra), not having considered certain vital aspects and more particularly as to how the conjunction or in sub-section (2) of section 24 of the 2013 act has to be read as well as the proviso thereto, the very basis for shailendra [3-judge]. (supra) to declare pune municipal corporation (supra) ..... the collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 act. the market value of the land shall be assessed as on 01st january, 2014 and the compensation shall be awarded along with all other monetary benefits ..... to the said two grounds as grounds on which a review could be sought, the legislature could well have kept it open- ended as in section 5 of the limitation act, 1963 where it is provided, without any strings attached, that any appeal or any application may be admitted after the prescribed period of limitation if .....
Tag this Judgment!Court : Supreme Court of India
..... in exercise of powers conferred on the respondent- institute by clauses (c) and (d) of sub-section (2) of section 29a, read with sub-section (4) of section 21 and sub-sections (2) and (4) of section 21b of the 1949 act, the central government t.c. (civil) no.29 of 2021 etc. 28 notified the chartered accountants ..... on consideration of all pragmatic limitations and other work undertaken by a chartered accountant besides tax audit under section 44ab, it act,1961. section 139 of the it act, 1961 mandatorily requires every assessee, governed by provisions of section 44ab of the it act, 1961, to file tax audit report along with his return before the due date presently, 30th ..... that a provision which was/is reasonable may with the passage of time become unreasonable. in the context of restriction on the specified audits under section 44ab of it act, 1961, minutes of the council of the respondent-institute reflect that with the passage of time, the number of tax audits to be permitted have .....
Tag this Judgment!Court : Supreme Court of India
..... settlement of rights in national parks/sanctuaries.5. 23.10.1996 in compliance of the abovementioned order, collector, hoshangabad made a proclamation 3 under section 21 of the wild life(protection) act, 1972 inviting claims from the affected persons.6. 20.06.2000 after inviting claims and hearing the objections, collector, hoshangabad passed various orders determining ..... to i.a. no.2930 of 2010 s.no.date event1 01.06.1977 the government of madhya pradesh notified pachmarhi sanctuary under section 18(1) of the wild life (protection) act, 1972 but did not specify/demarcate the area to be included/excluded in the sanctuary.2. 01.05.1991 the owner of the ..... , hoshangabad shall remain stayed until further orders.10. 2005 the report of six-member committee suggested that nazul area within the administrative control of sada and army cantonment area falling in pachmarhi plateau may be considered to be deleted from the boundary of the sanctuary.11. 31.03.2005 the state government following the .....
Tag this Judgment!Court : Supreme Court of India
..... , 2016 scc online p&h5954: (2016) 3 rcr (cri) 883]. . in the above case, the punjab & haryana high court was considering section 88 crpc read with section 65 of the prevention of money laundering act. in the above context, following has been observed in para 11: (scc online p&h) 11. on the same principles, in absence of anything ..... appeal @ slp(crl.) 121 of 2024 page 7 of 37 deemed to be a court of sessions. however, sub section (1) of section 46 starts with the words save as otherwise provided in this act. considering the provisions of section 46(1) of the pmla, save as otherwise provided in the pmla, the provisions of the code of criminal procedure, ..... involved are common and very little turns on facts, we broadly refer to the factual aspects. the appellants are the accused in complaints under section 44 (1) (b) of the prevention of money laundering act, 2002 (for short, the pmla ). the appellants have been denied the benefit of anticipatory bail by the impugned orders. we are dealing .....
Tag this Judgment!Court : Karnataka
..... that disqualification would apply when any work has been done even before the commencement of the election process, which is a matter that requires consideration.17. section 12(h) of the act reads as hereunder:- 12. disqualification for members.- a person shall be disqualified for being chosen and for being a member of a grama panchayat or ..... were to choose not to ratify the contracts) as when there is none".24. though amendments have been made to the r.p. act to introduce section 9a with an amendment to the section by introduction of an explanation with the clear intent that it would apply only as regards subsisting contracts, however, the objective even under the ..... right of a member who had an interest in a contract with the local body was an aspect which was not addressed. the statutory provision under section 12(h) of the act seeks to address such conflict of interest.27. where the mischief is sought to be addressed by introduction of a statutory provision, such statutory provision .....
Tag this Judgment!Court : Supreme Court of India
..... that the enactment of subordinate legislation for levying tax on interest free/concessional loans as a fringe benefit is within the rule- making power under section 17(2)(viii) of the act. section 17(2)(viii) itself, and the enactment of rule 3(7)(i) is not a case of excessive delegation and falls within the parameters ..... expression of common parlance in several decisions of this court. for example, perquisite was interpreted in arun kumar v. union of india15, with respect to section 17(2) of the act. the 12 the new international webster s comprehensive dictionary, p.941. 13 black s law dictionary, p.188 (10th edition). 14 perquisite means something ..... to the assessee. explanation. for the purposes of this sub- clause, (a) specified security means the securities as defined in clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956) and, where employees' stock option has been granted under any plan or scheme therefor, includes the securities offered under such .....
Tag this Judgment!Court : Supreme Court of India
..... weeks if the fetus is diagnosed with substantial abnormalities, the medical board opines against termination of pregnancy merely by stating that the threshold under section 3(2-b) of the mtp act is not satisfied. the clarificatory report dated 3 april 2024 fell into this error by denying termination on the ground that the 9 report ..... the medical practitioner is of the opinion formed in good faith that the termination is immediately necessary to save the life of the pregnant person. section 3(2-b) of the act stipulates that no limit shall apply on the length of the pregnancy for terminating a fetus with substantial abnormalities. the legislation has made a value ..... termination of pregnancy; (ii) the medical board, in forming its opinion on the termination of pregnancies must not restrict itself to the criteria under section 3(2-b) of the mtp act but must also evaluate the physical and emotional well being of the pregnant person in terms of the judgment; (iii) when issuing a clarificatory .....
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